http://www.al.com/sportsflash/sec/index.ssf?/newsflash/get_story.ssf?/cgi-free/getstory_ssf.cgi?j5038_BC_FBC--CottrellSuit&&sports&al_sec
Judge lets NCAA keep information confidential in ex-coaches' suit The Associated Press 12/3/03 12:19 PM TUSCALOOSA, Ala. (AP) -- A judge has ruled the NCAA can keep certain investigative information confidential in a multimillion-dollar lawsuit filed by two former Alabama assistant football coaches. Tuscaloosa County Circuit Judge Steve Wilson ruled Tuesday that any information the NCAA obtained through confidentiality agreements won't be made public. He also denied a newspaper's motion to intervene to argue for the public's right to see the information. The rulings came in a defamation suit filed by Ronnie Cottrell and Ivy Williams against the NCAA and six other defendants. The two former coaches had requested to see the entire file from the NCAA's investigation, which culminated with Alabama being placed on probation for recruiting violations mostly committed under former coach Mike DuBose. Under the order, the NCAA and one of its enforcement representatives, Richard A. Johanningmeier, can stamp information confidential. If a party objects to the designation, the judge can review the material and determine if he should order its public release. The NCAA, Johanningmeier and freelance sports recruiting analyst Tom Culpepper had sought confidentiality. An NCAA attorney had argued that the organization's enforcement efforts would become ineffective if it can't assure the confidentiality of potential witnesses. "I have a feeling that they're going to stamp almost everything confidential and the public won't be allowed to see it," Delaine Mountain, an attorney representing the former coaches, told The Tuscaloosa News in a story Wednesday. The newspaper had asked to intervene to assert the rights of the media and the public to judicial proceedings and records. "We're disappointed, of course, that Judge Wilson did not allow us at least a hearing," said Douglas Ray, the newspaper's executive editor. "I think there is a pretty good argument to be made that the NCAA should not be allowed to decide for itself when potentially embarrassing documents should be stamped confidential." The newspaper could ask the judge to reconsider the order, and ultimately could appeal to the Alabama Supreme Court. Ray said the newspaper is considering its options. The NCAA did not immediately return a call from The Associated Press seeking comment Wednesday. Cottrell and Williams are seeking $15 million in compensatory damages and $45 million in punitive damages, claiming they have been unable to find comparable employment since being implicated in the NCAA investigation. [...] kurt ______________________________________________________ RollTideFan - The University of Alabama Athletics Discussion List "Welcome to RollTideFan! Wear a cup!" To join or leave the list or to make changes to your subscription visit http://listinfo.rolltidefan.net
